JUTTA ARJUNA RAO AND ORS. Vs. THE STATE OF A.P. DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AND ORS.

JUDGEMENT

(1.) This writ petition is filed for a mandamus to declare endorsement bearing ROC No. 2664/2012 -G1, dated 10.01.2014, of respondent No. 4, whereby he has rejected the application of the petitioners filed for regularization of their plot admeasuring 456 sq.yards in RS. No. 201/3 of Tadepalligudem Municipality as illegal.

(2.) I have heard Sri N. Vijay, learned counsel for the petitioners, and Sri Venkateswarlu Nimmagadda, learned Standing Counsel for Municipalities (AP) representing respondent Nos. 3 and 4.

(3.) The petitioners pleaded that their paternal grandfather, by name, Jutta Gangaraju, purchased an extent of Acs. 1.80 cents in B.S. Nos. 129/2 & 129/3 of Kadkatla Village, Tadepalligudem Municipality in the year 1945, that the said numbers were later renumbered as R.S. Nos. 201/2, 201/3 and 201/4, that Jutta Gangaraju constructed a house over the said land and that he expired in 1951. That subsequently his sons i.e., Jutta Subba Rao and Jutta Somaraju, remained joint and constructed a building with Rcc roof on the existing foundations pursuant to the building permission granted by respondent No. 4 vide proceedings in Roc.B.A. No. 62/74, dated 15.06.1974. The petitioners further averred that Jutta Subba Rao expired in the year 1985 and Jutta Somaraju expired in the year 1987, that subsequently their children have partitioned the joint family properties including the extent of Ac.1.85 cents along with other properties and that under the partition deed, the plot on which the petitioners intend to construct the building, along with other properties allotted to them, was shown as C schedule therein.